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Sonai Apang Vikas And Shikshan Sanstha ... vs Jyoti Dulesing Ranawat And Ors on 27 September, 2017
cites
The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977
Section 9 in The Right of Children to Free and Compulsory Education Act, 2009 [Entire Act]
Secr.,A.P.D.Jain Pathshala & Ors vs Shivaji Bhagwat More & Ors on 4 July, 2011
5. While the matter was being heard, learned counsel for
petitioners Mr. V.D. Sapkal has laid stress on that respondent no.3
has no competence and jurisdiction to deal with the matter pursuant
to sub-clause (5) of clause 86 of the Code of 1997 and to decide the
appeal. Aforesaid arguments were based on the ground that
creation of adjudicatory authority under clause 86 and sub-clause
(5) thereof, is not relatable to any provision of rule or law or for that
matter any Constitutional Article and such creation in exercise of
powers under Article 162 of the Constitution of India by the
executive is not valid, neither legal nor would have any efficacy.
Such instructions are beyond the scope of powers under Article 162
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5 WP - 8120-2011
of the Constitution of India. Said submissions are made with
reference to a decision of the Supreme Court of India in the case of
Secretary, Sh.A.P.D. Jain Pathshala and others Vs. Shivaji Bhagwat More and others,
2011 DGLS (SC) 492 : 2011(13) SCC 99. Learned counsel, during the course
of his submissions had placed reliance on the observations as are
appearing in paragraph no. 16 of said judgment, which reads thus :-
Smt.Komal Rugwani vs State Of Maharashtra on 9 June, 2011
13. Learned counsel Mr. Talhar has further referred to a Full
Bench decision in the case of Komal Rugwani Vs. State of Maharashtra and
others, 2011 (4) Bom.C.R. 459 : 2011(4) Mh.L.J. 301 and purports to rely on
paragraph no. 22 thereof, reading thus :-